Health and Social Care Bill — New Clause 2 — Powers and Responsibilities of the Health Service Regulator — Monitor — 6 Sep 2011 at 20:15

The majority of MPs voted in favour of a new provision[1] in the Health and Social Care Bill[2] giving additional powers and responsibilities to the health service regulator "Monitor"[3].

The clause gives Monitor powers to require information and co-operation from those it regulates and requires Monitor to produce and publish guidance for commissioners and licensed health service providers where Monitor has imposed special conditions on a licence; the provision also requires Monitor to maintain an ongoing risk assessment where such special conditions have been imposed.

The text of the new clause was:

(1) The things which a licence holder may be required to do by a condition under section 104 (1)(i)(i) include, in particular—

*(a) providing information to the commissioners of services to which the condition applies and to such other persons as Monitor may direct,

*(b) allowing Monitor to enter premises owned or controlled by the licence holder and to inspect the premises and anything on them, and

*(c) co-operating with such persons as Monitor may appoint to assist in the management of the licence holder’s affairs, business and property.

(2) A commissioner of services to which a condition under section 104 (1)(i), (j) or (k) applies must co-operate with persons appointed under subsection (1)(c) in their provision of the assistance that they have been appointed to provide.

(3) Where a licence includes a condition under section 104 (1)(i), (j) or (k), Monitor must carry out an ongoing assessment of the risks to the continued provision of services to which the condition applies.

(4) Monitor must publish guidance—

(a) for commissioners of a service to which a condition under section 104 (1)(i), (j) or (k) applies about the exercise of their functions in connection with the licence holders who provide the service, and

(b) for such licence holders about the conduct of their affairs, business and property at a time at which such a condition applies.

(5) A commissioner of services to which a condition under section 104 (1)(i), (j), or (k) applies must have regard to guidance under subsection (4)(a).

(6) Monitor may revise guidance under subsection (4) and, if it does so, must publish the guidance as revised.

(7) Before publishing guidance under subsection (4) or (6), Monitor must obtain the approval of—

MPs
for which their vote in this division differed
from the majority vote of their party are marked in red.
Also shows which MPs
were ministers at the time of this vote.
You can also see every eligible MP
including those who did not vote in this division.

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